5.  The applicant was born in 1947. She lives in the village of Martan‑Chu, in the Urus-Martan district of Chechnya.
6.  At the material time the applicant's son Aslan Sadulayev lived in a village in the Naurskiy district of Chechnya while the applicant and his other relatives lived in the Urus-Martan district of Chechnya.
7.  On 9 December 2002 Aslan Sadulayev went to Urus-Martan to celebrate a holiday with his relatives. There he met an acquaintance, Mr M.M., who gave him a lift in his purple VAZ-2109 car to the nearby village of Alkhazurovo. In the early afternoon of 9 December 2002, on their way back from the village to Urus-Martan, Mr M.M. also agreed to give a lift to his acquaintance Ms T. S. and a young man.
8.  The car with Mr M.M., Aslan Sadulayev, Ms. T.S. and the young man was stopped by Russian military servicemen at the intersection of the roads to Komsomolskoye village, Alkhazurovo and Urus-Martan. That day a mobile checkpoint of Russian military forces on two APCs (armoured personnel carriers) was conducting identity checks at the intersection. The servicemen let Ms T. S. go; she managed to get a lift in another car and left.
9.  At that time a bus going from Urus-Martan to Alkhazurovo was also stopped at the intersection. The bus had many passengers, including Ms Khamila D., Ms Kaypa A. and Ms Tamara S. The servicemen checked the identity documents of two young men who were on the bus.
10.  Meanwhile, the bus passengers saw from the windows that the servicemen at the intersection were checking the documents of the three men in the purple VAZ car. Ms Tamara S. and Ms Khamila D. recognised one of them as their acquaintance Aslan Sadulayev. They saw that the servicemen were not letting the three men go and that the APCs moved and surrounded the VAZ car. Ms Khamila D. tried to get out of the bus and ask the officers why they were detaining Aslan Sadulayev, but the servicemen ordered her to stay on board.
11.  The three women and other bus passengers saw the VAZ car surrounded by the APCs drove away in the direction of Urus-Martan.
12.  In support of her statements, the applicant submitted: an account of events by her; an account by Ms Kh. E.; an account by Ms Kaypa A.; an account by Ms Khamila D. and an account by Ms Tamara S., all dated 1 August 2006.
b. Subsequent events
13.  On 14 December 2002 a resident of Martan-Chu, known to the applicant under the name of Mr Rizvan (also spelled as Rezvan), visited the applicant. He told her that Mr M. M. had asked him to inform her that her son Aslan Sadulayev had been abducted by Russian military servicemen. Mr Rizvan agreed to take the applicant the next day to his meeting with Mr M.M. in Urus-Martan.
14.  In the morning of 15 December 2002 the applicant with Mr Rizvan arrived at Urus-Martan. At about midday they met Mr M.M., who informed the applicant about his car journey with Aslan Sadulayev on 9 December 2002. He told her that their car had been stopped at the intersection by Russian military servicemen. The officers had told the men in the car that they would take them to the Urus-Martan district military commander's office (the district military commander's office) for questioning and would release them afterwards. At the entrance to the district military commander's office Mr M.M. had met an acquaintance of his who worked there and who arranged his immediate release. Mr M.M. also told the applicant that the military officers had not returned his purple VAZ car and that he had not seen it since. He further promised to the applicant that he would arrange her son's release later in the evening and that she should wait for him at 5 p.m. at the local market in Urus-Martan.
15.  The applicant waited for Mr M. M. at the agreed place from 5 p.m. to 8 p.m., but he did not turn up. For the next three days the applicant waited there for him, to no avail. The applicant searched for Mr M.M. through Mr Rizvan. The latter introduced her to the sister of Mr M.M., Ms Z.M., who informed the applicant that she had heard about the abduction of Aslan Sadulayev and that she had been unable to find Mr M.M. for several days.
16.  According to the applicant, at some point after 2005 she contacted her acquaintances in the village of Goy-Chu and inquired whether Ms T.S., who had been in the same car with Aslan Sadulayev when it had been stopped at the intersection, lived there and worked in the local school. She had been told that Ms T.S. had indeed worked at the school and lived in the village, but she had got married and changed her maiden name to Ms T.I.
17.  The applicant also submitted that she had managed to find out that the serviceman she had known by the name of Mr Rizvan was in fact Mr I.Kh., a resident of Goyskoye village, who had been serving at the district military commander's office in 2002 and who had been killed in 2004. She further stated that shortly after the commencement of the criminal investigation she had informed the investigators that Mr M.M. had frequently visited Urus-Martan; that he had been married to Ms M.D. from Grozny, that he had had two children, had been registered as a resident of Komsomolskoye village and that he had had a temporary identification document.
18.  The Government did not challenge most of the facts as presented by the applicant. According to their submission, “... in connection with the abduction of A.S. Sadulayev which had taken place on 9 December 2002 on the road between Alkhazurovo and Martan-Chu, the Urus-Martan district prosecutor's office opened criminal case no. 34010...”
19.  Since 9 December 2002 the applicant has repeatedly applied in person and in writing to various public bodies. She has been supported in her efforts by the Memorial NGO. In her letters to the authorities the applicant referred to her son's abduction and asked for assistance and details of the investigation. Most of these enquiries have remained unanswered, or purely formal replies have been given in which the applicant's requests have been forwarded to various prosecutors' offices. The applicant submitted some of her letters to the authorities and their replies to the Court. These documents are summarised below.
20.  On 18 and 19 December 2002 the applicant complained about her son's abduction to a number of local law enforcement agencies, including the military commander's office, the Urus-Martan district prosecutor's office (the district prosecutor's office) and the Urus-Martan district department of the interior (the Urus-Martan ROVD). She described the circumstances of her son's abduction by armed men in military vehicles at the Russian military forces checkpoint and requested assistance in establishing his whereabouts.
21.  On 15 January, 3 June and 9 July 2003 the Chechnya prosecutor's office forwarded the applicant's complaints about her son's abduction by armed servicemen in camouflage uniforms to the district prosecutor's office for examination.
22.  On 31 January 2003 the district prosecutor's office instituted an investigation into the disappearance of Aslan Sadulayev under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was given the number 34010.
23.  On 31 March 2003 the district prosecutor's office granted the applicant victim status in the criminal case.
24.  On 31 March, 5 June 2003 and 27 April 2004 the district prosecutor's office informed the applicant that the investigation in criminal case no. 34010 had been suspended for failure to establish the identities of the perpetrators.
25.  On 5 April 2003 the military prosecutor's office of military unit no. 20102 forwarded the applicant's request for assistance in the search for her son to the district military commander's office.
26.  On 30 April 2003 and 27 October 2004 the investigators resumed the investigation in the criminal case and informed the applicant about it.
27.  On 23 July 2003 the military prosecutor's office of the United Group Alignment (the military prosecutor's office of the UGA) forwarded the applicant's request for assistance in the search for her son to the military prosecutor's office of military unit no. 20102.
28.  On 31 May 2004 the applicant wrote to the district prosecutor's office asking them to grant her civil plaintiff status in the criminal case. On 9 June 2004 the district prosecutor's office granted the request and informed the applicant about it.
29.  At some point in the autumn of 2007 the investigation of the criminal case was transferred to the Achkhoy-Martan district prosecutor's office. The applicant was neither informed about it nor about any of the subsequent steps taken by the investigators.
30.  On 18 December 2002 the applicant complained about her son's abduction to a number of local law-enforcement authorities, including the district prosecutor's office, the military commander's office and the Urus‑Martan ROVD. She stated that at about 3 p.m. on 9 December 2002 her son Aslan Sadulayev had been abducted at a mobile checkpoint of the Russian military forces by servicemen of an unidentified power structure. According to her complaint, after the purple VAZ car with her son and Mr M.M. had been stopped at the checkpoint, the car and the men inside it had been driven away in an unknown direction under the guard of military vehicles. The car's driver, Mr M.M., had been kicked out of the car on the road between Urus-Martan and Goyty village, whereas Aslan Sadulayev had been taken to an unknown destination. The applicant further stated that she had learnt about her son's abduction from Mr M.M. only on 12 December 2002.
31.  On 28 January 2003 an officer of the Urus-Martan ROVD questioned the father of Aslan Sadulayev, Mr S.S., who stated that on 12 December 2002 he had leant that on 9 December 2002 his son had been detained at the checkpoint of the Russian federal forces located at the crossroads between the settlements of Komsomolskoye and Alkhazurovo. Aslan Sadulayev had been a passenger in a dark-blue VAZ-2109 car, which had been stopped by military servicemen, who had taken him and another man away. The servicemen had kicked the third man, Mr M., out of the car.
32.  On 28 January 2003 an officer of the Urus-Martan ROVD questioned the applicant, who stated that on 9 December 2002 her son Aslan Sadulayev had been on his way from Alkhazurovo to Urus-Martan, when the dark-blue VAZ-2109 car he was in had been stopped by military servicemen at the intersection. The servicemen had driven away the car along with its passengers, but one of the passengers, Mr M., had been kicked out of the vehicle by the servicemen at some point later.
33.  On 18 February 2003 the investigators from the district prosecutor's office questioned the applicant, who stated that at about 3 p.m. on 9 December 2002 her son Aslan Sadulayev had been detained by unknown men at a federal forces mobile checkpoint located at the junction near Komsomolskoye village. According to the applicant, her son had been riding with Mr. M.M. and another man in a purple VAZ-2109 car when their car was stopped at the checkpoint. After that Aslan Sadulayev and Mr M.M. had been taken away, but the latter had been released at some point later. A few days later Mr M.M. had told the applicant about her son's arrest and promised to help her to get Aslan Sadulayev released. However, her son had not been released and she had not had any news of him ever since. The applicant further provided Mr M.M.'s description and stated that she had spoken with his sister, Ms Z.M., who had told her that her other brother, Mr Mu.M., had witnessed the detention of Aslan Sadulayev and Mr M.M. at the checkpoint, when he had also been stopped there for an identity check.
34.  On 18 February 2003 military unit no. 6779 informed the investigators that they had not detained Aslan Sadulayev on 9 December 2002.
35.  On an unspecified date in February-March 2003 the Chechnya Ministry of the Interior (the MVD) informed the investigators that they had neither opened criminal proceedings against Aslan Sadulayev nor detained him.
36.  On 9 March 2003 the Chechnya Department of the Federal Security Service (the FSB) informed the investigators that they had neither detained Aslan Sadulayev nor opened criminal proceedings against him.
37.  On 12 March 2003 the Chechnya Address Bureau informed the investigators that they did not have any information concerning Mr M.M.'s permanent address.
38.  On 17, 20 and 22 March, 1 and 2 April, 24 June 2003 the Argun town department of the interior (the Argun OVD), the Naurskiy ROVD, the Nozhay-Yurt ROVD, the Shali ROVD, the Kurchaloy ROVD, the Shelkovskoy ROVD and the Shatoy ROVD informed the investigators that they did not have any information concerning the possible detention of Aslan Sadulayev in local remand prisons or discovery of his corpse in their districts.
39.  On 18 and 25 March, 17 April 2003 the Nadterechniy district prosecutor's office, the Achkhoy-Martan district prosecutor's office and the Gudermes district prosecutor's office informed the investigators that they did not have any information concerning the whereabouts of Aslan Sadulayev.
40. On 30 April 2003 the investigators questioned Ms Z.M., who stated that she was Mr M.M.'s sister. According to her, Mr M.M., Aslan Sadulayev, Ms T.S. and another man had been driving to Urus-Martan in a dark-blue VAZ-2109 car when at a junction between Alkhazurovo and Urus-Martan they had been stopped at a mobile checkpoint by men in military uniforms. The men had fired several shots to stop the car. After that they had taken everyone out of the vehicle and searched it. Next they had stopped a passing car and sent Ms T.S. in it to Urus-Martan. After that they had taken away the three men from the VAZ car. Mr M.M. had been released at some point later; he had been on his knees in the yard of military unit no. 6779 when a certain Mr Rizvan had recognised him and somehow expedited his release. According to the witness, Ms T.S. had worked as a teacher in Goy-Chu village and Mr Rizvan had lived in Goyskoye village.
41.  On 10 June 2003 an operational and search officer of the Urus‑Martan ROVD informed the investigators that he had been unable to establish the whereabouts and the address of Ms T.S.
42.  On 31 May 2004 the applicant wrote to the district prosecutor's office complaining that her son had been detained by servicemen at the mobile checkpoint of the federal forces and that local power structures had denied involvement in the incident.
43.  On 9 June 2004 the investigators granted the applicant civil plaintiff status in the criminal case.
44.  On an unspecified date the Urus-Martan ROVD and the district military commander's office informed the investigators that they had been unable to identify the serviceman named Rizvan. He was not listed as their employee and his whereabouts could not be established.
45.  On unspecified dates the investigators forwarded a number of requests to various authorities, such as the Tangi-Chu military commander's office, the district military commander, the Chechnya FSB, and various detention centres in Chechnya and other regions in the northern Caucasus, asking for information concerning the possible detention of Aslan Sadulayev by these agencies or if any criminal proceedings had been opened against him. According to the agencies' replies, they had not arrested or detained the applicant's son, no criminal proceedings were pending against him, and his corpse had not been found.
46.  The investigation failed to establish the whereabouts of Aslan Sadulayev. The investigating authorities sent requests for information to the relevant State agencies and took other steps to have the crime resolved. The investigation found no evidence to support the involvement of the federal forces in the incident. The law-enforcement authorities of Chechnya had never arrested or detained Aslan Sadulayev on criminal or administrative charges and had not carried out a criminal investigation in his respect. No special operations had been carried out in respect of the applicant's son.
47.  According to the Government, the applicant had been duly informed of all decisions taken during the investigation.
48.  In response to the Court's request, the Government submitted only a few documents from the criminal investigation file. The Government requested the Court to apply Rule 33 § 3 of the Rules of Court concerning confidentiality of the submitted documents and to restrict public access to the submitted documentation. In their request the Government stated that the criminal investigation was still in progress and that public disclosure of the documents could be detrimental to the interests of participants in the criminal proceedings.
49.  The Government further stated that a copy of the entire investigation file could not be submitted to the Court owing to the absence of any guarantees on the part of the Court of non-disclosure of the secret data contained in the investigation file. In this respect the Government referred to Article 161 of the Criminal Procedure Code, since the file contained information concerning participants in criminal proceedings. They also cited, by way of comparison, the Rome Statute of the International Criminal Court of 17 July 1998 (Articles 70 and 72) and the Statute of the International Criminal Tribunal for the former Yugoslavia (Articles 15 and 22) and argued that these instruments provided for personal responsibility for a breach of the rules of confidentiality.
50.  On an unspecified date in 2004 the applicant complained to the Urus-Martan town court (the town court). She sought a ruling obliging the district prosecutor's office to conduct an effective investigation of Aslan Sadulayev's abduction and to provide her with access to the investigation file.
51.  On 14 May 2004 the town court allowed her complaint in part. The court instructed the district prosecutor's office to conduct an effective and thorough investigation in the criminal case and to question witnesses Ms T.S. and Mr M.M. The remainder of the applicant's complaint was rejected.
52.  On 3 March 2005 the applicant again complained to the town court. She sought a ruling obliging the district prosecutor's office to conduct an effective investigation in the criminal case. In her complaint the applicant pointed out that the authorities had failed to comply with the court's decision of 14 March 2004.
53.  On 22 March 2005 the town court rejected her complaint. The court stated that the investigation had taken all measures possible in the absence of those to be charged with the crime. On 15 June 2005 this decision was upheld on appeal.